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Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ..Category: Others | Date: 16 May, 2007 | Hits: 4
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......er, should not be pursued to the point of absurdity so that the substantive issues between the parties are lost and justice frustrated by technicalities. In Writ Proceedings, which is an equitable jurisdiction, the Court should always have the liberty to condone procedural defects and irregulari..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......suit for passing off an action is not entertainable by the learned District Judge under section 73 of the Trade Marks Act but may be entertained by any other competent Court but not under the special jurisdiction as provided by section 73 of the Trade Marks Act. 10. I have considered the submis..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ires that the petitioners of the petition as allotters of Government were allotted 0.75 acres of property from Industrial Plot No. 190 appertaining to Cadastral Survey Plot N.428 and they deposited a total amount of Taka 5,66,375 + 61,83,625 - 67,50,000.00 as lease money and Government executed and ...... in the property should be before the Court and heard the defendant rights." 11. In Babor Ali Pramanik Vs. Mesar Ali Pramanik, 1994 BLD (AD) 235 = 45 DLR (AD) 120 it has been laid down: "In the absence of any material to show, that the lessees are in possession of the disputed property upon re......tiff to hand over possession of suit property mentioned in schedule to the plaint, within seven days from the date of receipt of notice of authorities is illegal, inoperative, maladies, void, without jurisdiction and, also, for permanent injunction restraining defendants from disturbing peaceful pos..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....ered, the executing Court has committed illegality. He submits that the impugned action of the Adalat in allowing more than one sate each under section 33(2) & (3) and under section 33(4) is totally beyond the intention of the Parliament and as such the same is a nullity and accordingly lia......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......tioner) having not raised any objection against the same at the time of acceptance of the bid i.e. at the very first instance on 24.9.2003, the petitioner cannot get any relief under the special jurisdiction of this Division without setting aside the sale in accordance with law. It is further c..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....petition No.2175 of 2002 contending, inter alia, that the husband of the petitioner No.1 and father of writ petitioner Nos.2-9, late Amir Hossain and his brother Sheikh Seraj Mia jointly purchased total 0.35 acres of land by registered sale deed No.2881 dated 22.06.45 appertaining to C.S. Plot N......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ed by prosecution that on account of undergoing preparation for S.S.C. examination, P.W.2 did not attend the marriage ceremony held in the house of Mostafa Kabir (D.W.1) and stayed in her house stood totally pulverized and the case putforth by prosecution that P.W.2 went out of her house to attend t...... not at all demonstrate that Rule of Prudence was present in the mind of the Tribunal and it did address itself to this legal aspect in awarding conviction and sentence upon convict-appellants in the absence of any corroborative evidence. Tribunal did not appear to have adverted to the nature and ex...... Khan Vs. The State, 19 DLR SC 259 their Lordships of Supreme Court of Pakistan held: The evidence of prosecutrix in a rape case is customarily received by Courts with some suspicion. In certain jurisdictions it is the rule that the solitary evidence of the prosecutrix being a woman of full age..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks and another, 2007, 36 CLC (HCD)
.... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ..Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....ion and sentence of applicants Liakat Ali, Ful Miah, Rajab Ali @ Akbar Ali, Kajal Miah, Abdul Ahad and the petitioner Md. Isak Mia @ Hason Mia Kason Mia be deducted under section 35A Cr.P.C. from the total period of sentence. We, however, maintain the direction of the Tribunal that the sentences sha......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......t; 40. Relying on the aforesaid decision of our Apex Court, similar views were taken in the case report in 50 DLR 10 and 52 DLR 370. 41. Relying on the aforesaid consistent decisions of our jurisdiction, we hold the view that due to last moment appointment of the State defence lawyer after..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......eighbour of P.W.2, but did not mention his name in the F.I.R. He further submits that there is no overt act attributed to the appellant in causing the injuries to the deceased. He submits that in the absence of any overt act with regard to the killing of the victim, the principle of common intention......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......hter i.e. the plaintiff and accordingly the plaintiff inherited the property; that at the time of C.S. operation, the plaintiff used to live at her husband's residence and taking advantage of her absence her two brothers managed to prepare the C.S. record in their names excluding her name and th......ted Title Suit No.138 of 1991 in the Third Court of Subordinate Judge, Dhaka for declaration that the registered kabala deed No.140 dated 13-01-1938 is collusive, fraudulent, void, forged and without jurisdiction and also for partition of the suit land. 3. The plaintiffs case, in brief, is that..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......4 denying the material allegations made in the plaint by filing written statement as defendants. The case of the defendants, in short, is that the suit is barred by limitation, is not maintainable in absence of any cause of action and that the plaintiff No.1 was student of dull brain and as such he ......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....e aforesaid accidental fire and the damage caused by it to the finished goods. Since the goods were covered by insurance policy, the petitioner company lodged two separates insurance claims totaling an amount of Tk. 1,67,09,937.00 with the Sadaran Bima Corporation. The loss, caused by the ....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......shy;sional order. 3. Mr. Salahuddin Ahmed, the learned Advocate appearing for the petitioner submits that the issuance of the demand notice as evidenced by Annexure-E is illegal and without jurisdiction in view of the fact that excise duty is levyable at a point of time when the goods are ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
....992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
......992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
......992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
..
Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....ion is supported by oral evidence, then the burden of proof shifts to the opposite party vide rulings reported in the case of Pannu Geegania Vs. Devi Proshad AIR 1963 MP15. But the opposite party has totally failed to adduce any evidence in this respect. 30. Next we see how far the petitio......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......amp; 10) The appellate court is the final court of facts and the decision on question of facts by the appellate court can not be interfered with by the High Court Division in exercising revision jurisdiction unless there has been any misreading of evidence or non-consideration of material evi&s..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
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